View Full Version : How long does sentencing take in fed cases? And why?


misstoner
04-18-2008, 10:59 PM
I am wondering why does my ex still sit in county jail with no bond for over a year? How would I know how much time he might get? Are the feds still using him for help or are the done with him? His sentencing date constantly gets postponed and the last post i left not many responses....he had no bail or bond....and i just want to know how long he could be there...i have been wanting closure...but i just need someone to explain to me ...why he hasnt been sentenced? is this normal? can he just get time served....ahhh
anyone have any answers?

Kay's man 4ever
04-18-2008, 11:32 PM
if your ex is assisting the Feds and the Fed are running down the leads, it could take one to 2 years, or

if your Ex is not assisting the Feds, but there has been turnover in the AUSA's office, it could take more than one year, especially if it is a non-violent "paper case" where there is no hurry on their part to preserve evidence,

His not having bail is not surprising. Sometimes if they think he MIGHT be helpful in the reasonably near future, they will keep him on ice because they can. They don't see it as a hardship or unfair, rather they see it as doing his sentence in advance.

Getting time served, Wow, without any information, I would not dare guess. You should call his private attorney or PD (Public Defender) and see if they will talk to you. Many times they may not, without his permission as you are not family, not any more at least.

If you want to get some information, if not action, get his permission to visit with his attorney. Generally, a decent defense attorney with reasonably good relations with the AUSA can get a sense of the timing of the investigation, and thus the sentencing date, and most important the likely sentence under the "post Booker" sentencing standard.

Good luck!!

If you want to PM me, feel free.

Kay's man 4ever





I am wondering why does my ex still sit in county jail with no bond for over a year? How would I know how much time he might get? Are the feds still using him for help or are the done with him? His sentencing date constantly gets postponed and the last post i left not many responses....he had no bail or bond....and i just want to know how long he could be there...i have been wanting closure...but i just need someone to explain to me ...why he hasnt been sentenced? is this normal? can he just get time served....ahhh
anyone have any answers?

NYWhitecollar
04-19-2008, 02:07 AM
Kay's man has given you an excellent blueprint of the process.

Just to give you an idea of how it can work, and to show you that the postponements are often for reasons that have nothing whatsoever to do with the case, I thought I'd share my situation. It was 18 months from the time I was arrested until I was sentenced. Here's how it went:

1. Arrested on Oct. 13, 2006. Pled not guilty.

2. Court date was set for Jan. 15, 2007.

3. By that date, the AUSA on the case went in to private practice (as a defense attorney.......what else?). Case was postponed to April 18, 2007.

4. Went to court, and my lawyer told the judge that the AUSA had only just
forwarded the discovery material, and he needed more time.
Case was postponed to July 18, 2007.

5. Appeared on July 18 and changed plea to guilty. Sentencing was set for
Oct. 18, 2007.

6. A new AUSA was assigned to the case in Sept. 2007. She requested
a postponement. New date was set for Nov. 20, 2007

7. The AUSA discovered that her kid was in a school Thanksgiving play
on Nov. 20, and requested a postponement. New date was set for
Dec. 20, 2007. On Dec. 18, the AUSA gave the judge an 83-page
reply to my lawyer's Sentencing Memorandum. The judge said two
days was not enough time for him to study it. Case was postponed
to Jan. 18.

8. In early Jan. 2008, the AUSA (the 2nd one on the case) went out on
maternity leave. The 3rd AUSA to handle the case requested more
time. The judge postponed sentencing to March 5, 2007, and said
that was it for the postponements, that he was going ahead on March
5 whether everyone was ready or not.

9. Appeared on March 5, 2008 and was finally sentenced. 18 months
after being arrested.

The most frustrating part of all of this for me is that I was sentenced to 24 months, and with good time and HWH I would have served about 18 months, the same as the total amount of time for the entire case
.
If not for all of the delays and postponements, I would be in HWH right now, getting ready to come home. As it is, I SS on May 19, and will be released to HWH sometime in Nov. 2009.

lyndav
04-20-2008, 08:26 AM
My experience is similar to NYWhiteCollar...only I'm NJ white collar...
Arrested in April 2006...pled innocent then guilty with a bargin...was sentenced Feb 2007 and will SS on July 11, 2008.
My sentence is 12 mo and one day so my time devoted to this mess so far exceeds the time I will be at camp. It's all more than a little nuts.

robertegarrett
04-20-2008, 07:45 PM
It is the norm for fed judges to give cedit for time served prior to sentencing, particularly for time served after conviction. This is called "Willis Time." While it counts towards sentence, the disadvantage of Willis Time is that BOP does NOT begin crediting good conduct time until the inmate is actually under BOP custody, and the first GCT thus first vests one year thereafter. Prior time in county, state, etc. custody may count, if the judge so orders, against sentence, but not towards the vesting of GCT.

Tim'sgirl
04-20-2008, 07:49 PM
My man has been in county two and a half years and counting so I know how you feel.

robertegarrett
04-28-2008, 11:25 PM
the BOP position on this is not without logic. Prior non-federal "Willis" time MUST be counted towards total sentence if ordered by the fed judge,and that is not a BOP determination. However, they wont begin to vest GCT until the inmate has shown good conduct under actual federal confinement for a year with them. This makes calculation of projected federal release date kinda complicated. The formual they use is when time remaining on orig fed sentence plus any GCT earned while at BOP equals the total federal sentence, that spells the release date. So unless you use a spreadsheet and

PTO-97580
05-01-2008, 07:59 AM
the BOP position on this is not without logic. Prior non-federal "Willis" time MUST be counted towards total sentence if ordered by the fed judge,and that is not a BOP determination. However, they wont begin to vest GCT until the inmate has shown good conduct under actual federal confinement for a year with them. This makes calculation of projected federal release date kinda complicated. The formual they use is when time remaining on orig fed sentence plus any GCT earned while at BOP equals the total federal sentence, that spells the release date. So unless you use a spreadsheet and

As you mentioned this in a previous post, I will again post my response. what you are stating is inconsistent with the BOP policy stated below.

The BOP’s implementation of § 3624(b) bolsters the statute’s plain meaning. BOP policy permits GCT to be awarded for time served prior to commencement of the federal sentence. For example, GCT can be earned for time spent in pre-sentence custody: “The release date is determined, of course, by subtracting the total amount of GCT awarded during the term of the sentence from the full term date of the sentence.” A prisoner’s “full term date” is the total time to be served, later adjusted for jail and good time credit. Moreover, the BOP allows for GCT to be earned for those prisoners serving federal sentences in state institutions. Accordingly, under the BOP’s interpretation, § 3624(b) credit may be awarded for time spent in non-BOP pre-sentence custody, and there is no federal custody requirement for prisoners serving concurrent federal and state sentences in state institutions to earn GCT on their federal sentences

sckntird
05-01-2008, 08:13 AM
It was 20 months after I plead guilty before I was sentenced. I was sentenced to 15 months. I am now 8 months pregnant with a ss date of 5/21. The government is now giving me hard time getting an extension of surrender date. Considering all of the postponements, I would have been home by now. The least they could do is let me have my baby at home.

paradise_angel
05-02-2008, 08:37 PM
I was arrested June2006....after all the appearances in between, finally got sentenced March 26 2008, and my SS letter came exactly 4 weeks later for a due in date of May 7 2008...so all together it took 1 year and 9 months before SS. Hope it help and good luck....Please remember that if he/she is copperating...do NOT take or have the PSR with you in jail....can only bring problems for them self....word of caution!

Still
05-10-2008, 05:30 PM
Mine just got to the county for his first court date in June..........now I am getting an idea of just how long this process can be.

ktbstsdaddy
08-20-2008, 12:07 PM
just wondering how ones case goes federal?? Because my man's case was county, then after 2 months went federal..help me understand please!!

Katcor5
08-21-2008, 04:43 AM
I don't have an answer for you. But you may also want to join FedCure, it is for federal only and they may have some answers for you too. www.fedcure.org (http://www.fedcure.org)

Does your man know why? Maybe they were doing a federal investigation of him anyway and when county arrested him and the feds found out, it may have taken that long to go to grand jury and get an indictment?